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HomeMy WebLinkAbout05-2830 05-27-'05 00:13 FROM-Salzmann, Hughes 7172497334 T-522 P02/05 U-827 t)!; -,;)d'.]U 111L.~ /VJ...~ STIPULATION AGAINST LIENS Law offic"" SALZMANN HUGHES, PC 95 AI_."" Spring RotJd, SuiU 3, Corlil/o, I'MnlJll.oniaI7013-3ZZZ TIllS AGREEMENT, made and entered into this 3/ day of May, 2005 by and between BRIAN A. FIELDS AND CHRISTINE L. FlELDS, h",b...d 'Dd wife, of Cumbc:<land County, pcnnsyvlllllia, parties of the first part (h~ilUlner called Owner), AND CHATEAU CUSTOM HOME 8VIUlEaB. INC., of Cumberland County, Pennsyvlania, party ofUle second part (hereinafter called Contractor). WHEREAS, Ule said parties have by a duly executed written constnJction agre.ement under seal dated prior to execution he"",f, for construction and improvements 10 property located 1320 Armitage Way, Mechanicsburg, Cwnberlawl County, Pennsylvania,( see attached exhibit "An). NOW THIS AGREEMENT WITNESSETII: That the Contr8CU>r for and in consideration of the contract afOl'...id and the consideration mentioned thereunder, as well as the further consideration of One ($100) Dollar to him in hand paid by the Owner at or before the sealing and delive:<y of these presents, the receipt whereof is hereby aclmowlcdged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoeVer shall be med or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contnlctor or by any sUb-contractor, In8terialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them Or any of them lor and about said building or buildings or any part thereof, or on credit thereof, and that all sub-conlractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub- contracts, materials furnished and work and labor done, so that then> shall not be allY legal or lawful claim of any kind whatever against Owner for any wolk done Or labor or materials furnished under said conlall:l for and about the erection, construction and templetion of said buildings as aforesaid, or under any contrllllt for extra work, Or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be etrective as well with respect to work done and materials furnished under any supplemental contract for extra wolk in the erection, conslnwtion and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to proteet himself and the lot or lots of ground against any and all claims med by the Contractor Or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorires and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, lis, na..e, marl< satisfied of record at the cost and e>o.-pense of 05-27-'05 00:13 FROM-Salzmann, Hughes 7172497334 T-522 P03/05 U-827 the Contractor or of any Sub-Contractor or Materi.llllllll, or Material men, any and all claims or claim, lien or li"ns, filed by or for the Contractor, or any Sub-Contr~OI' or Material man, or in his or thcir name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient Wllttant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such ~ion. and the Contractor for himself, themselves, itself, do hereby remise, rclea.. llnd quit-claim all rights and all manner of errors, defects and imperfections whatsoever in <ntering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. ~A- Ft~ BRIAN A FIELDS C 4',4.A /f ,j~'--.J'-":'?~(SEAL) CHRlSTINI L FIE (SEAL) SCHEDULE C LEGAL DESCRIPTION Commitment Number: 5100-250 File Number: 5100-250 ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, Commonwealth of Cumberland, Commonwealth of Pennsylvania, being shown and designated as Lot 19 on a plan entitled Final Subdivision Plan - Phase II for Hampden State, by Dawood Engineering, Inc., plan dated March 20, 2002, last revised April 29, 2002, and recorded in Cumberland County Plan Book 85, Page 125. Said parcel being more fully described as follows: BEGINNING at a 5/8 rebar set, said rebar being on the line of lots 18 and 19 where line intersects with the western right-of-way line of Armitage Way (50 right-of-way); thence along lot 18, North 55 degrees 20 minutes 38 seconds West, a distance of 160.50 feet to a 5/8" rebar set on the eastern right-of-way line of Orrs Bridge Road (T-618 _ variable right-of-way); thence along said right-of-way line, the following two (2) courses and distances: 1. North 10' degrees 02 minutes 14 seconds East, a distance of 70.36 feet to a 5/8" rebar set; 2. Along a curve to the right, having a radius of 30.00 feet, an arc length of 42.31 feet, and a chord bearing and distance of North 50 degrees 26 minutes 30 seconds East, 38.89 feet a 5/8 rebar set on the southern right-of-way line of Mountain View Road (T-625 - variable right-of-way width); thence along said right-of-way line, South 89 degrees 09 minutes 13 seconds East, a distance of 96.51 feet to a 5/8" rebar set on the western line of lot 20; thence along said lot, South 25 degrees 50 minutes 12 seconds East, a distance of 139.88 feet to a 5/8" rebar set on the western right-of-way line of the aforementioned Armitage Way; thence along said right-of-way line, along a curve to the left, having a radius of 175.00 feet, an arc length of 90.13 feet, and a chord bearing and distance of South 49 degrees 24 minutes 35 seconds West, 89.13 feet to a 5/8" rebar set a the line of lots 18 and 19; the Place of BEGINNING. CONTAINING: 23,775 square feet, more or less. 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